Personal Injury Complaint - Auto Accident - Delaware

Superior Court of the State of Delaware, [COUNTY] County

JURY TRIAL DEMANDED ☐ Jury of 12 demanded

COMPLAINT FOR PERSONAL INJURIES (AUTO ACCIDENT)

Before filing: File the complaint with a praecipe and the court's current Civil Case Information Statement. For a personal injury claim, Rule 3(h) also requires Form 30 interrogatory answers, available records of special damages, and specified wage records if lost wages are claimed; seek a court waiver for good cause if needed.

1. PARTIES

1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual residing at [STREET ADDRESS, CITY, COUNTY, STATE, ZIP].

1.2 Defendant(s). [DEFENDANT FULL LEGAL NAME] (“Defendant”) is [an individual domiciled at / a corporation organized under the laws of ______ with its principal place of business at] [ADDRESS].
[Add additional defendants as necessary with corresponding allegations of residence/domicile.]

2. JURISDICTION & VENUE

2.1 Subject-Matter Jurisdiction. This pleading selects the Superior Court under Del. Const. art. IV, § 7, 10 Del. C. § 541, and [OTHER CLAIM- OR COURT-SPECIFIC AUTHORITY] because [FACTS ESTABLISHING JURISDICTION]. Section 541 itself does not supply an amount threshold or tort-category grant.

2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Delaware because [SPECIFIC FACTS]. For a nonresident defendant relying on 10 Del. C. § 3104(c), identify the particular enumerated act and how this claim arises from it; for example, an act or omission in Delaware causing injury here may fit subsection (c)(3). Mere residence or incorporation is not a subsection (c) nonresident act.

2.3 Venue. Plaintiff files in [COUNTY] County because [FACTS SUPPORTING COUNTY FORUM]. Improper venue may be raised under Del. Super. Ct. Civ. R. 12(b)(3), subject to waiver under Rule 12(h)(1).

2.4 Statute of Limitations. The alleged injury occurred on [DATE] and this action was filed on [DATE]. The personal-injury period in 10 Del. C. § 8119 is generally two years from alleged injury, subject to § 8127 and any applicable accrual or tolling rule.

3. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings set forth below and apply throughout this Complaint:

“Accident” – The motor-vehicle collision that occurred on [DATE] at or near [LOCATION].

“Vehicle” – The [YEAR/MAKE/MODEL] bearing VIN [__________________] operated by Defendant at the time of the Accident.

“Comparative Negligence” – Under 10 Del. C. § 8132, plaintiff fault no greater than defendant fault, or combined fault of all defendants against whom recovery is sought, permits reduced recovery; greater plaintiff fault bars it.

“PIP Coverage” – The personal-injury-protection benefits required under 21 Del. C. § 2118.

4. FACTUAL ALLEGATIONS

4.1 On [DATE] at approximately [TIME], Plaintiff was operating a [YEAR/MAKE/MODEL] traveling [northbound] on [ROADWAY] approaching its intersection with [CROSS-STREET] in [CITY/COUNTY], Delaware.

4.2 At the same time and place, Defendant was operating the Vehicle traveling [direction] on [ROADWAY].

4.3 Defendant [describe negligent act(s): e.g., “failed to stop for a steady red traffic signal,” “was traveling at an unreasonable speed,” “was distracted by a handheld device,” etc.].

4.4 As a direct and proximate result of Defendant’s conduct, the Vehicles collided, causing severe impact to Plaintiff’s vehicle and bodily injuries to Plaintiff (the “Accident”).

4.5 Plaintiff has incurred and continues to incur medical expenses, lost wages, pain and suffering, and other damages in amounts to be determined at trial.

4.6 If Plaintiff is eligible for benefits under 21 Del. C. § 2118(a)(2) or (a)(3), Plaintiff claims only damages recoverable in this action after applying § 2118(h), which excludes damages for which that compensation is available, whether or not benefits are actually recoverable. No statutory PIP minimum-exhaustion threshold is asserted for filing this tort claim.

4.7 Plaintiff exercised due care. If any comparative negligence is found, Plaintiff alleges it was no greater than Defendant's negligence or the combined negligence of all Defendants against whom recovery is sought, under 10 Del. C. § 8132.

5. COUNTS

Count I – Negligence

5.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 4.7 as though fully set forth herein.

5.2 Defendant owed Plaintiff a duty of reasonable care in the operation of a motor vehicle.

5.3 Defendant breached that duty by, inter alia,
 (a) failing to keep a proper lookout;
 (b) operating the Vehicle at an excessive speed;
 (c) failing to maintain proper control; and/or
 (d) violating the Delaware Rules of the Road.

5.4 Defendant’s breach directly and proximately caused the Accident and Plaintiff’s injuries.

5.5 As a result, Plaintiff seeks compensatory damages not excluded by 21 Del. C. § 2118(h), in an amount to be proved.

Count II – Negligence Per Se (use only with an identified safety statute)

5.6 Plaintiff realleges and incorporates by reference Paragraphs 1 through 5.5.

5.7 At the time of the Accident, Defendant violated [EXACT CURRENT SAFETY STATUTE AND OPERATIVE DUTY] by [FACTS]. The statute was intended to protect [PLAINTIFF'S CLASS] against [TYPE OF HARM].

5.8 The identified statute supplies a safety standard applicable to Defendant; Defendant violated that standard, and the violation caused the type of injury the statute seeks to prevent. O’Neal v. Allstate Insurance Co., C.A. No. N22C-03-226 MAA (Del. Super. July 21, 2023). Omit this count if no qualifying statute and facts support it.

5.9 Defendant’s statutory violations were a proximate cause of Plaintiff’s injuries and damages.

5.10 Plaintiff is therefore entitled to judgment against Defendant for all legally compensable damages.

6. DAMAGES

Plaintiff seeks all damages recoverable under Delaware law, including:

a. Medical expenses not excluded by 21 Del. C. § 2118(h);
b. Lost earnings or earning capacity not excluded by § 2118(h);
c. Pain, suffering, mental anguish, disability, and loss of enjoyment of life;
d. Pre- and post-judgment interest as allowed by law; and
e. Court costs and allowable litigation expenses.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff’s favor and against Defendant as follows:

1. Awarding compensatory damages recoverable in this action in an amount determined at trial;
2. Awarding pre- and post-judgment interest as allowed by law; and
3. Awarding costs of suit and such other relief as the Court deems just and proper.

8. JURY DEMAND

Pursuant to Del. Const. art. I, § 4 and Del. Super. Ct. Civ. R. 38, Plaintiff demands trial by jury on all issues triable of right by a jury. This demand appears on the first page immediately after the caption as Rule 38(bb) requires for a demand endorsed on a pleading. If a party wants a 12-person jury, Rule 38(d) requires an express demand; otherwise the party is deemed to consent to six.

9. RESERVATION OF RIGHTS

Plaintiff may seek to amend this Complaint under Del. Super. Ct. Civ. R. 15; this statement does not waive the rule's leave or consent requirements.

10. ATTORNEY CERTIFICATION (Rule 11)

By signing and filing, I certify under Rule 11(b), after inquiry reasonable under the circumstances, that this pleading has no improper purpose; its legal contentions have existing or nonfrivolous support; and its factual allegations have evidentiary support or are specifically identified as likely to have it after reasonable investigation or discovery.

11. VERIFICATION (ONLY IF REQUIRED)

STATE OF DELAWARE )
          ) SS.
COUNTY OF ______ )

BEFORE ME, the undersigned authority, personally appeared [PLAINTIFF NAME], who, being duly sworn, deposes and says that he/she has read the foregoing Complaint and knows the contents thereof, and that the facts stated therein are true and correct to the best of his/her knowledge and belief.

______________________________
[PLAINTIFF NAME]

Sworn to and subscribed before me on this ___ day of __________, 20___.

______________________________
Notary Public
My commission expires: __________

12. SIGNATURE BLOCK

Respectfully submitted,

_______________________________
[ATTORNEY NAME] (Bar I.D. #_____)
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE, ZIP]
Telephone: (____) ___-____
Facsimile: (____) ___-____
Email: [EMAIL ADDRESS]

Attorney for Plaintiff

[END OF COMPLAINT]